StarSun
02-01 02:08 PM
Thank you vbhup2, mk26 for your donations.
Total Contribution: $200
Amount to be raised: 50,000 - 200 = $49,800
Total Contribution: $200
Amount to be raised: 50,000 - 200 = $49,800
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greensignal
08-13 10:44 AM
Hi,
My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.
Generally how long does take to get the receipt notices?
Please let me know if any has filed around same date and received the receipts?
Thank you!
My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.
Generally how long does take to get the receipt notices?
Please let me know if any has filed around same date and received the receipts?
Thank you!
BharatPremi
11-01 05:13 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
2011 Penelope Cruz Plastic Surgery
tonyHK12
02-16 11:13 AM
thanks bikram_das_in, raghav0, rkg000. c'mon everybody, still 45K to go...
Total Contributions...........$5,075.00
Amount to be raised.......$44,925.00
.
Total Contributions...........$5,075.00
Amount to be raised.......$44,925.00
.
more...
h1-b forever
08-31 09:35 AM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
iluvgc
09-02 08:25 PM
What are the steps to be taken after receiving GC ?
wht do u want to do?
wht do u want to do?
more...
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
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anzerraja
07-20 02:36 AM
Here is the spreadsheet link to see the update as of July 19th 2007 12.00 AM.
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Awesome !!!
Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.
This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.
Thanks all of you !!!
TOGETHER WE CAN GET THIS DONE TODAY.
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Awesome !!!
Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.
This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.
Thanks all of you !!!
TOGETHER WE CAN GET THIS DONE TODAY.
more...
andycool
08-20 01:23 PM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Me....
SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
Info pas...on Aug 06...> with officer wait 30 days..
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Me....
SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
Info pas...on Aug 06...> with officer wait 30 days..
hair She and Penelope Cruz went to
gxtrader
09-06 01:10 AM
Anybody from August filers who got his/her Receipts already?
My Aug 1 filer friend got his already....
My Aug 1 filer friend got his already....
more...
PD_Dec2002
07-07 09:44 PM
This is what my lawyer mailed us today (I have always had good service from him):
In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.
Not that I am holding my breath, but just wanted pass it on....
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.
Not that I am holding my breath, but just wanted pass it on....
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
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english_august
07-09 07:54 AM
Please refer to this thread:
http://immigrationvoice.org/forum/showthread.php?p=103700
http://immigrationvoice.org/forum/showthread.php?p=103700
more...
house Tom and Penelope Cruz in
bkam
06-21 10:47 PM
Hey, Ghost,
Your posting is quite realistic. Miracle will not happen, regardless how much we want it. Sad but true.
The only (long but possible) way to achieve some results is massive attack of the media. Average American people should realize the problem of the legal immigrants and THEY should start pressing the lawmakers for resolution. In fact there is a very simple solution - every H1/L1 visa should be covered by a GC option, providing that the immigrant has covered all requirements. And the USCIS administration should be pushed to do their job. Now, cunningly, uncle Sam (I would better say the "Edited" people) allows white collar slaves to come to the US, but hides the GC when time comes.
To be honest, I really believe that in 10-15 years time this problem will not exist anymore. Reasons? Several: First, the main donoring countries of white collar slaves are in process of sharp development and soon this source of "blood transfusion" to US will start drying up. Second, with the aging baby-boomers the need of "blood transfusion" will increase. Third, the high flow of low qualified legal/illegal Latinos changes the fabric of the American society and turns it into a Latin-American country, with all negative consequences, so the need of high tech immigrant component will increase. There are more factors but these three are enough.
So, if we are patient, in 10-15 years time the USCIS administration will start sending invitation ads all over the world, inviting legals and we would become proud holders of GCs :-)
Yea-a-a, but I am not patient... And I am not keen to feed for decades the retired baby-boomers with my slave labor... Plan B...
Admin, you can delete/edit my post (as you sometimes do) but this will not change the reality. And the reality is that no one in this country gives a s..t about you and me. Sad but true :-)
Your posting is quite realistic. Miracle will not happen, regardless how much we want it. Sad but true.
The only (long but possible) way to achieve some results is massive attack of the media. Average American people should realize the problem of the legal immigrants and THEY should start pressing the lawmakers for resolution. In fact there is a very simple solution - every H1/L1 visa should be covered by a GC option, providing that the immigrant has covered all requirements. And the USCIS administration should be pushed to do their job. Now, cunningly, uncle Sam (I would better say the "Edited" people) allows white collar slaves to come to the US, but hides the GC when time comes.
To be honest, I really believe that in 10-15 years time this problem will not exist anymore. Reasons? Several: First, the main donoring countries of white collar slaves are in process of sharp development and soon this source of "blood transfusion" to US will start drying up. Second, with the aging baby-boomers the need of "blood transfusion" will increase. Third, the high flow of low qualified legal/illegal Latinos changes the fabric of the American society and turns it into a Latin-American country, with all negative consequences, so the need of high tech immigrant component will increase. There are more factors but these three are enough.
So, if we are patient, in 10-15 years time the USCIS administration will start sending invitation ads all over the world, inviting legals and we would become proud holders of GCs :-)
Yea-a-a, but I am not patient... And I am not keen to feed for decades the retired baby-boomers with my slave labor... Plan B...
Admin, you can delete/edit my post (as you sometimes do) but this will not change the reality. And the reality is that no one in this country gives a s..t about you and me. Sad but true :-)
tattoo Or Recent Weight Gain?
imh1b
02-04 03:48 PM
Why is everyone making a big deal about going to India?
If you want to go , then go.
Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.
Let everyone be green and happy.
If you want to go , then go.
Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.
Let everyone be green and happy.
more...
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slowwin
02-12 01:37 PM
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
peace.....!!!
" i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
peace.....!!!
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asdcrajnet
02-01 04:45 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
more...
makeup Penelope Cruz -- How to Lose
pa_arora
07-09 02:39 PM
I was talking abut this from the past 1 year approx (going on the streets). Good that we have finally decided to get ourselves heard on those deaf ears.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
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tonyHK12
02-03 07:38 PM
Thank you manja, ravi,shah, hello for your donations.
Total Contribution: $800
Amount to be raised: 50,000 - 800 = $49,200.00
Total Contribution: $800
Amount to be raised: 50,000 - 800 = $49,200.00
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suriajay12
02-27 07:51 AM
Folks,
Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
I will now have to sleep for 5 hrs and then go back.
Thanks,
Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
I will now have to sleep for 5 hrs and then go back.
Thanks,
fetch_gc
10-10 03:52 PM
Hi guys,
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
justice4all
11-18 12:56 PM
Done..
Senator Tom Coburn
Senator Inhofe
Representative Cole
Senator Tom Coburn
Senator Inhofe
Representative Cole
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